The Major-Minor Fault Rule: Defining Liability in Maritime Incidents
Definition & Meaning
The major-minor fault rule is a principle in maritime law that determines liability in cases of collisions between vessels. According to this rule, a vessel may be exempt from liability for damages if it can be proven that the collision was primarily caused by the fault of another vessel. In this context, the major fault of one vessel is weighed more heavily than any minor fault of the other vessel. As a result, the vessel with the minor fault may avoid liability for the incident.
Legal Use & context
This rule is primarily applied in maritime law, particularly in cases involving ship collisions. It is relevant in civil legal contexts where liability for damages is assessed. Users involved in maritime disputes may find it beneficial to utilize legal templates and forms provided by US Legal Forms to navigate these situations effectively.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A cargo ship collides with a fishing vessel. The investigation reveals that the cargo ship was navigating improperly, while the fishing vessel had minor issues with its lights. Under the major-minor fault rule, the cargo ship may be held liable, while the fishing vessel could be exempt due to its minor fault.
Example 2: (hypothetical example) A yacht collides with a tanker. If the yacht was anchored improperly, but the tanker was speeding, the tanker may be found at fault, allowing the yacht to avoid liability.